NICHOLAS DOMINICK AND LORRAINE J. DOMINICK V CHARLES MILLAR & SON CO., CHARLES MILLAR SUPPLY, INC., MILLAR SUPPLY
Motion No: NOS. CA 16-01638 AND CA 02017
Slip Opinion No: 2016 NY Slip Op 93703(U)
Decided on December 7, 2016
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 7, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 16-01638 AND CA 02017

NICHOLAS DOMINICK AND LORRAINE J. DOMINICK,

PLAINTIFFS-RESPONDENTS,

V

CHARLES MILLAR & SON CO., CHARLES MILLAR SUPPLY, INC.,

MILLAR SUPPLY, INC., PACEMAKER MILLAR STEEL & INDUSTRIAL

SUPPLY COMPANY, INC., MILLAR SUPPLY, INC., INDIVIDUALLY AND

AS SUCCESSOR-IN-INTEREST TO CHARLES MILLAR & SON SUPPLY,

INC., PACEMAKER MILLAR STEEL & INDUSTRIAL SUPPLY OF

BINGHAMTON, INC., PACEMAKER STEEL & ALUMINUM OF BINGHAMTON

CORP., AND PACEMAKER STEEL AND PUMP CO., INC., INDIVIDUALLY

AND AS SUCCESSOR TO CHARLES MILLAR PACEMAKER STEEL

WAREHOUSE INC. DEFENDANTS-APPELLANTS,

A.O. SMITH WATER PRODUCTS CO., ET AL., DEFENDANTS.


Appellants Charles Millar & Son Co., Charles Millar Supply Inc., and Pacemaker Millar Steel & Industrial Supply Company, Inc. having moved for an extension of time to file and serve a reply brief on the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 3, 2015, and March 22, 2016,

Now, upon reading and filing the affirmation of Teresa A. Monroe, Esq., dated November 22, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before December 23, 2016, and the Clerk is directed to accept the brief for filing.

Entered: December 7, 2016

Frances E. Cafarell, Clerk